{"id":105810,"date":"1994-10-04T00:00:00","date_gmt":"1994-10-03T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/santhosh-kumaar-vs-secy-min-of-human-resources-on-4-october-1994"},"modified":"2015-09-10T01:12:13","modified_gmt":"2015-09-09T19:42:13","slug":"santhosh-kumaar-vs-secy-min-of-human-resources-on-4-october-1994","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/santhosh-kumaar-vs-secy-min-of-human-resources-on-4-october-1994","title":{"rendered":"Santhosh Kumaar vs Secy.,Min. Of Human Resources … on 4 October, 1994"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Santhosh Kumaar vs Secy.,Min. Of Human Resources … on 4 October, 1994<\/div>\n
Equivalent citations: 1995 AIR 293, \t\t 1994 SCC (6) 579<\/div>\n
Author: H B.L.<\/div>\n
Bench: Hansaria B.L. (J)<\/div>\n
           PETITIONER:\nSANTHOSH   KUMAAR\n\n\tVs.\n\nRESPONDENT:\nSECY.,\tMIN.  OF   HUMAN   RESOURCES  DEVELOPMENT\n\nDATE OF JUDGMENT04\/10\/1994\n\nBENCH:\nHANSARIA B.L. (J)\nBENCH:\nHANSARIA B.L. (J)\nKULDIP SINGH (J)\n\nCITATION:\n 1995 AIR  293\t\t  1994 SCC  (6) 579\n JT 1994 (6)   454\t  1994 SCALE  (4)391\n\n\nACT:\n\n\n\nHEADNOTE:\n\n\n\nJUDGMENT:\n<\/pre>\n
The Judgment of the Court was delivered by
\nB.L.  HANSARIA, J.- A professor of Cambridge  University  is
\ndeeply\tengrossed  in his studies in his calm  chamber.\t  An
\nagitated  English soldier enters the study room and  accuses
\nthe professor of not sharing the trauma of war which he\t and
\nmany others like him are facing while fighting Germans.\t The
\nprofessor  calmly  asks\t the young soldier for\twhom  he  is
\nfighting.   Quick comes the reply that it is to\t defend\t the
\ncountry.  The wise man wants to know what is that country to
\ndefend which he is prepared to shed his blood.\tThe  soldier
\nreplies\t it  is the territory and its  people.\t On  further
\nquestioning  the  soldier says it is not only this  but\t the
\nculture\t of  the  country which he  wants  to  defend.\t The
\nprofessor  quietly  states that he is contributing  to\tthat
\nculture.  The soldier calms down and bows in respect to\t the
\nprofessor  and vows to defend with more vigour the  cultural
\nheritage of his country.\n<\/p>\n
2.  This is what is said to have happened during the  Second
\nWorld  War  when England was fighting almost  a\t last  ditch
\nbattle\tof survival and all Englishmen contributed in  their
\nown way to the ultimate victory of England.\n<\/p>\n
3.  The above shows the concern for Culture evinced even  by
\nthe  Westerners.   So far as “We, the people of\t India”\t are
\nconcerned, they have always held in high esteem the cultural
\nheritage  of this ancient land.\t And to foretell our  views,
\nlearning of Sanskrit is undoubtedly necessary for protection
\nof this heritage.  The stream of our culture would get dried
\nif we were to discourage the study of Sanskrit, and that too
\non the most untenable
\n581<\/span>
\nground that if the Central Board of Secondary Education (for
\nshort  ‘the  Board’) were to do so, it would  have  to\tmake
\nfacilities  available for learning of Arabic and  Persian  –
\nthese  being also classical languages, which is\t the  ground
\nadvanced  by  Additional  Solicitor  General,  Shri   Tulsi,
\nappearing  for the Board, in it not being in a\tposition  to
\naccept\tthe prima facie view expressed by us  on  19-7-1994,
\nwhen  these  cases had come up for  hearing,  that  Sanskrit
\nshould\tbe  included  by the Board as one  of  the  elective
\nsubjects in the syllabus along with Assamese, Bengali, etc.,
\nwhich are the languages specified in the Eighth Schedule  of
\nour  Constitution, mentioning about Sanskrit being  also  an
\nEighth\tSchedule language.  The desire to keep Sanskrit\t out
\ndoes  not  stop\t here, as the submission  also\tis  that  if
\nSanskrit  comes, the Board shall have to bring in  languages
\nlike French and German.\t This is not all, as it is contended
\nby  the\t Additional Solicitor General that the\tBoard  feels
\nthat  arrangement  may have then to be\tmade  for  imparting
\neducation even in Lepcha, a language whose name many of\t the
\nIndians might not have even heard.\n<\/p>\n
4.  We\tfail  to  appreciate at all the\t stand\ttaken  by  a
\nresponsible  body like the Board, which has  been  entrusted
\nwith the onerous duty of educating the youth of this country
\n“in whose hands quiver the destinies of the future”, as\t the
\nsame is wholly untenable.  Without the learning of  Sanskrit
\nit  is\tnot possible to decipher the  Indian  philosophy  on
\nwhich our culture and heritage are based.\n<\/p>\n
5.  The\t question  raised being important  requires  us,  to
\nanswer\tit  appropriately, to first know  what\tour  policy-
\nmakers have said about the importance of Sanskrit.  We shall
\nthen  apprise ourselves about the place of Sanskrit  in\t our
\neducational ethos and shall finally see whether teaching  of
\nSanskrit is against secularism?\n<\/p>\n
Our education policy qua  Sanskrit\n<\/p>\n
6. Being called upon to decide whether Sanskrit is  required
\nto  be included in the syllabus of the Board as an  elective
\nsubject so far as teaching in secondary school is concerned,
\nmay we say at the threshold a few words on the importance of
\neducation  as  such.   This  point is  not  required  to  be
\nlaboured by us in view of the Constitution Bench decision of
\nthis  Court  in Unni Krishnan case1 in\twhich  the  majority
\nJudges\twell brought home the importance of  education.\t  It
\nwould  be  enough to mention what Mohan, J. (as\t a  majority
\nJudge)\tstated in that judgment.  According to\tthe  learned
\nJudge,\teducation  is a preparation of living and  for\tlife
\nhere  and  hereafter and education is at once a\t social\t and
\npolitical  necessity.  It was also observed  that  victories
\nare  gained,  peace  is\t preserved,  progress  is  achieved,
\ncivilisation  is  built up and history is made, not  in\t the
\nbattlefields but in educational institutions which are seed-
\nbeds  of  culture.  Education was,  therefore,\tregarded  as
\nenlightenment and one that lends dignity to a man.
\n1 Unni Krishnan, J. P. v. State of A. P,<\/a> (1993) 1 SCC 645
\n582<\/span>\n<\/p>\n
7.As we are concerned in these cases with the teaching in
\nthe  secondary\tschools,  we may  say  something  about\t the
\nimportance  of education in its early stages.  It  has\tbeen
\nwell  recognised  that it is this education which  lays\t the
\nfoundation for a full and intense life and so this education
\nmust carefully keep alive the spark of curiosity and fan  it
\ninto  a beautiful, bright flame whenever it comes.   It\t has
\nbeen  stated  that  it is the education\t received  in  early
\nstages which widens the contacts of child or youth with\t the
\nsurroundings  of the world; and with every new and  fruitful
\ncontact\t with the world of things, the world of men and\t the
\nworld  of  ideas,  life\t of the\t young\tbecomes\t richer\t and
\nbroader.   It is early education which seeks to broaden\t the
\nmind  by  exposing the learner to the world of\tthought\t and
\nreflection,  which  can inspire him with lofty\tidealism  by
\ngiving\thim  the  glimpses of a good  life  which  a  worthy
\neducation is capable of bringing.\n<\/p>\n
8. We may now advert to the broad framework of our education
\npolicy\tas  accepted  by the Central  Government.   For\t our
\npurpose\t it would be enough if we refer to the\tpolicies  as
\nformulated  in 1968 and 1986.  Here again, we would  confine
\nour attention to what was stated in these policies regarding
\nSanskrit.  In the 1968 policy the following found place\t qua
\nthis language:\n<\/p>\n
\t      “Considering   the   special   importance\t  of
\n\t      Sanskrit\tto  the growth\tand  development  of
\n\t      Indian  languages and its unique\tcontribution
\n\t      to   the\tcultural  unity\t of   the   country,
\n\t      facilities for its teaching at the school\t and
\n\t      university  stages should be offered  on\tmore
\n\t      liberal basis.  Development of new methods  of
\n\t      teaching\tthe language should  be\t encouraged,
\n\t      and the possibility explored of including\t the
\n\t      study  of Sanskrit in those courses  (such  as
\n\t      modern  Indian  philosophy) at the  first\t and
\n\t      second degree stages, where such knowledge  is
\n\t      useful.”\n<\/p><\/blockquote>\n
9.   The  1986 policy has to say as below in this regard  in
\npara 5.33:\n<\/p>\n
\t      “Research\t in  Indology,\tthe  Humanities\t and
\n\t      Social Sciences will receive adequate support.
\n\t      To  fulfil  the  need  for  the  synthesis  of
\n\t      knowledge, inter-disciplinary research will be
\n\t      encouraged.   Efforts  will be made  to  delve
\n\t      into India’s ancient fund of knowledge and  to
\n\t      relate  it  to  contemporary  reality.\tThis
\n\t      effort   will   imply   the   development\t  of
\n\t      facilities   for\t the  intensive\t  study\t  of
\n\t      Sanskrit.” (emphasis supplied)\n<\/p><\/blockquote>\n
10.It  would  be of some interest to note  that\t when  Sir
\nWilliam\t Jones,\t one  of  the most  brilliant  men  of\t18th
\ncentury,  came\tto  India in 1783 as a\tJudge  of  the\tthen
\nSupreme\t Court of Judicature at Fort Williams in Bengal,  he
\ngot interested to learn Sanskrit and it grew so strong\tthat
\nwithin\tsix  years  he not only became\tthe  master  of\t the
\nlanguage  but translated Kalidas’s Shakuntala.\tAfter  about
\ntwo hundred years it has fallen to the Judges of the present
\nSupreme Court to highlight the importance of Sanskrit and to
\nsee that it finds its due place in the niche of our national
\nlife.\n<\/p>\n
Place of Sanskrit in our educational ethos\n<\/p>\n
11. It is well known that Sanskrit is a mother of all  Indo-
\nAryan languages and it is this language in which our  Vedas,
\nPuranas\t and  Upanishads  have been  written  and  in  which
\nKalidas, Bhavbuti, Banabhatta
\n583<\/span>
\nand    Dandi   wrote   their   classics.     Teachings\t  of
\nShankaracharya,\t  Ramanuja,   Madhawacharya,   Nimbark\t and
\nVallabhacharya would not have been woven into the fabric  of
\nIndian culture if Sanskrit would not have been available  to
\nthem as a medium of expressing their thoughts.\n<\/p>\n
12.The\treport of the Sanskrit Commission (set up  by  the
\nGovernment  of\tIndia) which was submitted  in\t1957  speaks
\neloquently  about  the importance of Sanskrit.\t We  do\t not
\npropose\t to burden this judgment with all that was  said  by
\nthe  Commission in this regard.\t It would be enough for\t our
\npurpose\t if we take note of some passages finding  place  in
\nthe  report which highlight the quality, substance,  content
\nand  strength of Sanskrit.  At page 71 of the report it\t has
\nbeen  mentioned\t that  Sanskrit\t is  one  of  the   greatest
\nlanguages  of the world and it is a classical  language\t par
\nexcellence  not only of India but of a good part of Asia  as
\nwell.\tAt page 73 the report states that the Indian  people
\nand the Indian civilisation were born, so to say, in the lap
\nof  Sanskrit and it went “hand in hand with  the  historical
\ndevelopment  of\t the  Indian people, and  gave\tthe  noblest
\nexpression to their mind and culture which has come down  to
\nour day as an inheritance of priceless order for India, nay,
\nfor the entire world”.\tThe report further speaks at page 74
\nabout the “great mental and spiritual link” of Sanskrit\t and
\nof it being the elder sister of Greek and Latin, and  cousin
\nof English, French and Russian.\n<\/p>\n
13.There  is  no  need\tto dilate  on  the  importance\tof
\nSanskrit  further in our national ethos in view of what\t was
\nstated by no less a person than the first Prime Minister  of
\nthe country, Pandit Jawaharlal Nehru, in this regard,  which
\nis as below:\n<\/p>\n
\t      “If I was asked what is the greatest  treasure
\n\t      which  India possesses and what is her  finest
\n\t      heritage,\t I would answer unhesitatingly –  it
\n\t      is  the Sanskrit language and literature,\t and
\n\t      all  that it contains.  This is a\t magnificent
\n\t      inheritance,  and so long as this endures\t and
\n\t      influences the life of our people, so long the
\n\t      basic genius of India will continue.”\n<\/p><\/blockquote>\n
Is teaching of Sanskrit against secularism?\n<\/p>\n
14.  Of\t the three objections mentioned\t by  the  Additional
\nSolicitor  General regarding the inability of the  Board  in
\nacting in accordance with the prima facie views expressed by
\nus  in our order dated 19-7-1994, the only  objection  which
\nmerits\tour  close  look  is that if  Sanskrit\twere  to  be
\nincluded  as an elective subject, Arabic and  Persian  shall
\nalso  have to be so done.  The two other objections,  namely
\ninclusion  of French and German also in the syllabus and  of
\nlanguage  like Lepcha do not deserve any  consideration\t for
\nobvious reasons.\n<\/p>\n
15.  The first objection needs our consideration because  in
\nsome  quarter  there may be a feeling that by  conceding  to
\nSanskrit alone as an elective subject, we would act  against
\nsecularism, which has been accepted by a nine-Judge Bench of
\nthis  Court  in S.R. Bommai v. Union of India2<\/a>\tas  a  basic
\nstructure  of  our  Constitution.  It is  apparent  that  we
\ncannot give any direction
\n2 (1994) 3 SCC 1
\n584<\/span>
\nabout which it can be said that it is against the secularist
\nrequirement of our Constitution.\n<\/p>\n
16.  For  the  disposal\t of the cases  at  hand\t it  is\t not
\nnecessary   to\telaborately  discuss  what  are\t the   basic
\nrequirements of secularism inasmuch as in Bommai case2\tthis
\nexercise has been well done by the learned Judges.  It would
\nbe  enough for our purpose to note what some of the  learned
\nJudges said in this regard.  Sawant, J., with whom one of us
\n(Kuldip Singh, J.) agreed, quoted in para 147 of the  report
\nwhat  Shri  M.C. Setalvad had stated on\t secularism  in\t his
\nPatel Memorial Lectures, 1965.\tOne of the observations made
\nby  Setalvad  was  that a secular State is  not\t hostile  to
\nreligion  but holds itself neutral in matters  of  religion.
\nThe  further  observation in para 148 is  that\tthe  State’s
\ntolerance of religion does not make it either a religious or
\na  theocratic State.  Ramaswami, J. stated in para 179\tthat
\nsecularism  represents\tfaiths born out of the\texercise  of
\nrational  faculties  and it enables to\tsee  the  imperative
\nrequirements for human progress in all aspects and  cultural
\nand social advancement and indeed for human survival itself.\n<\/p>\n
17.It would be profitable to note that according to  Justice
\nH.R.  Khanna secularism is neither anti-God nor pro-God;  it
\ntreats\talike  the  devout, the agnostic  and  the  atheist.
\nAccording to him, secularism is not antithesis of  religious
\ndevoutness.  He would like to dispel the impression that  if
\na  person is devout Hindu or devout Muslim he ceases  to  be
\nsecular.  This is illustrated by saying that Vivekananda and
\nGandhiji were the greatest Hindus yet their entire life\t and
\nteachings  embodied  the  essence of  secularism.  (See\t his
\narticle “The Spirit of Secularism” as printed in  Secularism
\nand  India:  Dilemmas  and Challenges edited  by  Shri\tM.M.
\nSanklidhar.)\n<\/p>\n
18.We also propose to refer to what was said by the Sanskrit
\nCommission   on\t the  subject  of  “Sanskrit  and   National
\nSolidarity”  in\t Chapter IV of its report.   The  Commission
\nhas,  in  this\tcontext first stated that  Sanskrit  is\t the
\n“embodiment  of Indian culture and civilisation”.   It\tthen
\nobserves  that the Indian people look upon Sanskrit  as\t the
\nbinding\t force\tfor  the different  peoples  of\t this  great
\ncountry, which was described as the greatest discovery which
\nthe  Commission made as it travelled from Kerala to  Kashmir
\nand  from Kamarupa to Saurashtra.  The Commission, while  so
\ntravelling,  found  that though the people of  this  country
\ndiffered in a number of ways, they all were proud to  regard
\nthemselves  as participants in a common heritage;  and\tthat
\nheritage   emphatically\t  is  the  heritage   of   Sanskrit.
\nAccording  to  the  Commission\tone  of\t the  witnesses\t who
\nappeared before it went to the length of suggesting that  if
\nthe   Sanskrit\tCommission  had\t come  before\tthe   States
\nReorganisation Commission, many of the recent bickerings  in
\nour national life could have been avoided. (pages 80 and 81)\n<\/p>\n
19.  From what has been stated above, we entertain no  doubt
\nin  our mind that teaching of Sanskrit alone as an  elective
\nsubject\t can  in no way be regarded as\tagainst\t secularism.
\nIndeed,\t our  Constitution  requires  giving  of  fillip  to
\nSanskrit because of what has been stated in Article 351,  in
\nwhich  while dealing with the duty of the Union\t to  promote
\nthe spread of Hindi, it
\n585<\/span>
\nhas been provided that it would draw, whenever necessary  or
\ndesirable,  for\t its  vocabulary,  primarily  on   Sanskrit.
\nEncouragement  to Sanskrit is also necessary because  of  it
\nbeing one of the languages included in the Eighth Schedule.\n<\/p>\n
20.  We,  therefore,  conclude by saying  that\tin  view  of
\nimportance of Sanskrit for nurturing our cultural  heritage,
\nbecause\t of  which even the official  education\t policy\t has
\nhighlighted  the  need\tof  study  of  Sanskrit,  making  of
\nSanskrit  alone as an elective subject, while not  conceding
\nthis  status to Arabic and\/or Persian, would not in any\t way
\nmilitate  against the basic tenet of secularism.   There  is
\nthus no merit in the first objection raised by the Board.\n<\/p>\n
21.  In\t the  aforesaid premises, we  direct  the  Board  to
\ninclude\t Sanskrit  as an elective subject  in  the  syllabus
\nunder  consideration.  Necessary amendment in  the  syllabus
\nshall be made within a period of three months from today.\n<\/p>\n
22.  The  writ petitions are allowed accordingly.  No  order
\nas to costs.\n<\/p>\n
586<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Santhosh Kumaar vs Secy.,Min. Of Human Resources … on 4 October, 1994 Equivalent citations: 1995 AIR 293, 1994 SCC (6) 579 Author: H B.L. Bench: Hansaria B.L. (J) PETITIONER: SANTHOSH KUMAAR Vs. RESPONDENT: SECY., MIN. OF HUMAN RESOURCES DEVELOPMENT DATE OF JUDGMENT04\/10\/1994 BENCH: HANSARIA B.L. (J) BENCH: HANSARIA B.L. (J) KULDIP […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-105810","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nSanthosh Kumaar vs Secy.,Min. 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